Simons v. State

GRAVES, Judge.

This is the second appeal of this case. The opinion in the former case will be found in 139 S. W. (2d) 119, where a succinct statement of facts will be found.

In this trial appellant received a penalty of five years in the penitentiary under a verdict of murder without malice for the killing of Roy Young, an eighteen year old boy. All parties are negroes.

Appellant complains of the court’s charge on self-defense wherein the court applies the law to the facts in this case. It is contended that in such application the court required the jury to view the transaction that resulted in…